The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits debt collectors from using abusive, unfair, dishonest, or misleading practices to collect money from you. The Federal Trade Commission (FTC) is the federal government’s agency that enforces your rights under the FDCPA.[2294]

Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy overdue debts and then try to collect them.

Here are some questions and answers about your rights under the Act.

CAN A DEBT COLLECTOR CONTACT ME ANY TIME OR ANY PLACE?

No. A debt collector may not contact you at inconvenient times or places, such as before 8 AM or after 9 PM, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

HOW CAN I STOP A DEBT COLLECTOR FROM CONTACTING ME?

If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:

Write a letter to the debt collector and make a copy of the letter (see PG. 696 below for a sample letter). Send the original by certified mail, and pay for a “return receipt” so you’ll be able to prove that the collector received the letter. Once the collector receives your letter, they may not contact you again, with two exceptions: A collector can contact you to (1) tell you there will be no further contact, or (2) let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector to whom you owe money will NOT get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you in court to collect the debt.

CAN A DEBT COLLECTOR CONTACT ANYONE ELSE ABOUT MY DEBT?

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

WHAT DOES THE DEBT COLLECTOR HAVE TO TELL ME ABOUT THE DEBT?

Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

CAN A DEBT COLLECTOR KEEP CONTACTING ME IF I DON’T THINK I OWE ANY MONEY?

If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification (proof) of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written proof of the debt, like a copy of a bill for the amount you owe.

WHAT PRACTICES ARE OFF LIMITS FOR DEBT COLLECTORS?

Harassment: Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:

use threats of violence or harm;publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);use obscene or profane language; orrepeatedly use the phone to annoy someone.

False statements: Debt collectors may not lie when they are trying to collect a debt. For example, they may not:

falsely claim that they are attorneys or government representatives;falsely claim that you have committed a crime;falsely represent that they operate or work for a credit reporting company;misrepresent the amount you owe;indicate that papers they send you are legal forms if they aren’t; orindicate that papers they send to you aren’t legal forms if they are.

> Debt collectors also are prohibited from saying that:

you will be arrested if you don’t pay your debt;they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; orlegal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

> Debt collectors may not:

give false credit information about you to anyone, including a credit reporting company;send you anything that looks like an official document from a court or government agency if it isn’t; oruse a false company name.

Unfair practices: Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:

try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;deposit a post-dated check early;take or threaten to take your property unless it can be done legally; orcontact you by postcard.

CAN I CONTROL WHICH DEBTS MY PAYMENTS APPLY TO?

Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

CAN A DEBT COLLECTOR GARNISH MY BANK ACCOUNT OR MY WAGES?

If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.

Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

CAN MY FEDERAL BENEFITS BE GARNISHED?

Many federal benefits are exempt from garnishment (meaning they cannot be taken to pay certain debts), including:

BUT federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

WHAT ARE MY OPTIONS IF I THINK A DEBT COLLECTOR HAS VIOLATED THE LAW?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

WHAT SHOULD I DO IF A DEBT COLLECTOR SUES ME?

If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

WHERE DO I REPORT A DEBT COLLECTOR FOR AN ALLEGED VIOLATION?

Report any problems you have with a debt collector to the California Attorney General’s office, the Federal Trade Commission, and the Consumer Financial Protection Bureau. California has its own debt collection laws that may give you more rights and protections than the federal Fair Debt Collection Practices Act.

[Note: If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, you can put other information to identify your case. For example, show the date you were contacted by the collection agency.]

To [person whose name appears on agency's notice to you]:

On [date], I was contacted by [name of person who called you] from your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt].

[OR]

On [date] I received a written notice of the claimed debt, a copy of which is attached.

This is to give you notice to cease all contact with me or anyone else except the creditor about this claimed debt. If you must contact me, please do so in writing and not by telephone. I look forward to your acknowledgement that you have received this notice by [put date that is two weeks after the date of your letter].

Sincerely,

[Your signature]

[Your name]

Appendix G

California County Court Collection Unit Contact Information

County/Court

Hours (M-F, except holidays)

Phone Number

Alameda County Central Collections

8 a.m.–5 p.m.

510.208.9900

Alameda County Superior Court

8 a.m.–5 p.m.

877.541.8420

Amador Superior Court

9:30 a.m.–4 p.m.

209.257.2605

Butte County Treasurer–Tax Collector

8 a.m.–5 p.m.

530.538.7362

Calaveras County Superior Court

8 a.m.–4 p.m.

209.754.5970

California Department of Corrections & Rehabilitation

8 a.m.–5 p.m.

916.322.6676

California Victims Compensation & Government Claims Board

8 a.m.–5 p.m.

916.324.1933

Contra Costa Probation

8 a.m.–5 p.m.

925.313.4002

Contra Costa Superior Court

7:30 a.m.–5 p.m.

925.646.1952

Del Norte County Tax Collector

8 a.m.–5 p.m.

707.464.7283

El Dorado County Revenue Recovery

8 a.m.–5 p.m.

530.621.5780

Fresno County Revenue/ Reimbursement

8 a.m.–5 p.m.

559.600.3815

Fresno Superior Court

8 a.m.–4 p.m.

559.457.1700

Glenn County Superior Court

8:30 a.m.–5 p.m.

530.225.3662

Humboldt County Revenue Recovery

7:30 a.m.–4:30 p.m.

707.476.2398

Imperial County Superior Court

8 a.m.–4 p.m.

760.336.3510

Inyo Superior

8 a.m.–5 p.m.

760.872.3038

Kern County Probation Collection & Revenue

8 a.m.–5 p.m.

661.868.4255

Kern Superior Court – RRD

8 a.m.–5 p.m.

661.868.2619

Kern Superior Court – ATA Taft

8 a.m.–5 p.m.

661.763.8566

Kern Superior Court – AKR Lake Isabella

8 a.m.–5 p.m.

760.549.2000

Kern Superior Court – AMO Mojave

8 a.m.–5 p.m.

661.824.7100

Kern Superior Court – ASH Shafter

8 a.m.–5 p.m.

661.746.7500

Kern Superior Court – AWM Bakersfield

8 a.m.–5 p.m.

661.868.2382

Kern Superior Court – ALA Lamont

8 a.m.–5 p.m.

661.868.5800

Kern Superior Court – ARI Ridgecrest

8 a.m.–5 p.m.

760.384.5900

Kern Superior Court – ADE Delano

8 a.m.–5 p.m.

661.720.5800

Kings Superior

8 a.m.–5 p.m.

559.582.1010

Lake County Tax Collectors

9 a.m.–5 p.m.

707.263.2583

Lassen County Recovery and Reimbursement

8 a.m.–4 p.m.

530.251.8401

Lassen Superior Court

8 a.m.–5 p.m.

530.245.6739

Los Angeles Superior – Airport

8:30 a.m.–4:30 p.m.

310.727.6084

Los Angeles Superior – Alhambra

8:30 a.m.–4:30 p.m.

626.308.5309

Los Angeles Superior – Antelope Valley

8:30 a.m.–4:30 p.m.

661.974.7201

Los Angeles Superior – Bellflower

8:30 a.m.–4:30 p.m.

562.804.8162

Los Angeles Superior – Beverly Hills

8 a.m.–4:30 p.m.

310.288.1310

Los Angeles Superior – Burbank

8 a.m.–5 p.m.

818.557.3466

Los Angeles Superior – Clara S. Foltz

8:30 a.m.–4:30 p.m.

213.893.0751

Los Angeles Superior – Compton

8:30 a.m.–4:30 p.m.

310.603.7714

Los Angeles Superior – Downey

8 a.m.–5 p.m.

562.803.7043

Los Angeles Superior – East LA

2 p.m.–4 p.m.

323.780.2025

Los Angeles Superior – El Monte

8:30 a.m.–4:30 p.m.

626.459.8844

Los Angeles Superior – Glendale

8:30 a.m.–4:30 p.m.

818.500.3263

Los Angeles Superior – Hollywood

8:30 a.m.–4:30 p.m.

323.856.5770

Los Angeles Superior – Huntington Park

8 a.m.–5 p.m.

323.586.6363

Los Angeles Superior – Inglewood

8:30 a.m.–4:30 p.m.

310.419.5128

Los Angeles Superior – LA Central

8 a.m.–5:00 p.m.

213.974.7820

Los Angeles Superior – Long Beach

8:30 a.m.–4:30 p.m.

562.491.6573

Los Angeles Superior – Malibu

8:30 a.m.–4:30 p.m.

310.317.1335

Los Angeles Superior – Metro

8:30 a.m.–4:30 p.m.

213.744.4531

Los Angeles Superior – Pasadena

8:30 a.m.–4:30 p.m.

626.356.5695

Los Angeles Superior – Pomona

8:30 a.m.–4:30 p.m.

909.802.9944

Los Angeles Superior – San Fernando

8:30 a.m.–4:30 p.m.

818.898.2407

Los Angeles Superior – San Pedro

8:30 a.m.–4:30 p.m.

562.491.6229

Los Angeles Superior – Santa Clarita

8:30 a.m.–4:30 p.m.

661.253.7383

Los Angeles Superior – Torrance

8:15 a.m.–4:30 p.m.

310.222.6506

Los Angeles Superior – Van Nuys

8 a.m.–5 p.m.

818.374.2641

Los Angeles Superior – West Covina

8:30 a.m.–4:30 p.m.

626.813.3204

Los Angeles Superior – Whittier

8:30 a.m.–4:30 p.m.

562.907.3113

Madera County Revenue Services

8 a.m.–5 p.m.

559.675.7619

Madera Superior

8 a.m.–4 p.m.

559.675.7944

Marin County Central Collections

8 a.m.–4:30 p.m.

415.473.7555

Marin County Enhanced Court Collections

8 a.m.–4:30 p.m.

415.473.3150

Mariposa County Probation

8 a.m.–5 p.m.

209.966.3612

Mendocino County Court Collection Unit

8 a.m.–4 p.m.

707.463.7240

Merced County Revenue & Reimbursement

8 a.m.–5 p.m.

209.385.7413

Merced County Superior Court

7:30 a.m.–4 p.m.

209.725.4100

Modoc County Superior Court

8:30 a.m.–4 p.m.

530.233.6726

Mono County Superior Court

8:30 a.m.–4 p.m.

760.924.5444

Monterey County Revenue Division

8 a.m.–5 p.m.

831.755.5042

Napa County Superior Court

8 a.m.–5 p.m.

707.299.1160

Nevada County Collections

8 a.m.–5 p.m.

530.265.1266

Nevada Superior Court

8 a.m.–5 p.m.

530.265.1311

Nevada Superior Truckee

8 a.m.–5 p.m.

530.582.7835

Orange County Probation

8 a.m.–5 p.m.

714.935.7411

Orange County Superior – Central Justice Center

7:30 a.m.–4 p.m.

877.872.2122

Orange County Superior – Centralized Collections Irvine

8 a.m.–5 p.m.

877.872.2122

Orange County Superior–Newport Beach

8 a.m. – 4 p.m.

877.872.2122

Orange County Superior–Laguna Hills

8 a.m.–4 p.m.

877.872.2122

Orange Superior North Justice Center

8 a.m.–4 p.m.

877.872.2122

Orange County Superior West Justice Center

8 a.m.–4 p.m.

877.872.2122

Placer County Revenue Services

8 a.m.–5 p.m.

916.543.3900

Plumas County Treasurer & Tax Collector

8 a.m.–5 p.m.

530.283.6259

Riverside Superior Court

7:30 a.m.–4 p.m.

877.955.34630

Sacramento County Division of Revenue Recovery

7:30 a.m.–4:45 p.m.

916.875.7500

San Benito Superior

8 a.m.–4 p.m.

831.636.4057

San Bernardino County Central Collections

9 a.m.–4 p.m.

909.387.8303

San Bernardino Superior and all annexes

8 a.m.–4 p.m.

909.387.1470

San Diego Probation Revenue Recovery

8 a.m.–5 p.m.

619.515.6200

San Diego Superior Court/ Alliance One

8 a.m.–5 p.m.

877.541.8420

San Francisco County Superior Court

8:30 a.m.–4 p.m.

415.551.8550

San Joaquin County Office of Revenue/ Recovery

8 a.m.–5 p.m.

209.468.2100

San Luis Obispo County Probation Collection

8 a.m.–5 p.m.

805.781.4174

San Luis Obispo Superior Court

8:30 a.m.–4 p.m.

805.781.5675

San Mateo County Revenue Services

8 a.m.–5 p.m.

650.363.4155

Santa Barbara County Probation Collection

8 a.m.—5:30 p.m.

805.882.3741

Santa Barbara Superior N

7:30 a.m.–4:30 p.m.

805.882.4696

Santa Barbara Superior S

7:30 a.m.–4:30 p.m.

805.568.3203

Santa Clara County Department of Revenue

7:30 a.m.–6:45 p.m.

408.282.3290

Santa Clara Superior Court

8:30 a.m.–4 p.m.

877.541.8420

Santa Cruz County Treasurer/ Alliance One

8 a.m.–5 p.m.

877.541.8420

Shasta County Superior Court Collections

8:30 a.m.–4 p.m.

530.245.6789

Sierra County Superior Court

8 a.m.–5 p.m.

530.245.6339

Sonoma County Central Collections

8 a.m.–5 p.m.

707.565.2817

Sonoma Superior Court

8 a.m.–4:30 p.m.

707.521.6659

Stanislaus County Treasurer Tax Collector Revenue Recovery

8 a.m.–5 p.m.

209.525.4450

Stanislaus Superior

8 a.m.–2 p.m.

209.530.3115

Sutter County Office of Revenue Collection

8 a.m.–5 p.m.

530.822.7172

Sutter Superior

8 a.m.–5 p.m.

530.822.3301

Tehama County Superior Court

8 a.m.–5 p.m.

530.245.6339

Trinity Probation

8 a.m.–4 p.m.

530.623.1204

Tulare County Superior Court

8 a.m.–4 p.m.

559.730.5000

Tulare Probation Department

8 a.m.–5 p.m.

559.713.2786

Tuolumne County Revenue Recovery

8 a.m.–5 p.m.

209.533.5920

Ventura County Superior Court

8 a.m.–5 p.m.

805.639.5010

Yolo County Office of Revenue Recovery

8 a.m.–4 p.m.

530.666.8668

Yuba Superior

8 a.m.–5 p.m.

530.225.3772

Appendix H

Sample Petition to Vacate Civil Assessment

See next page.

Appendix I

Steps To Get & Keep a Good Credit Score (Consumer Financial Protection Bureau)

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